Shawn J. Gebhardt

Counsel

Shawn J. Gebhardt

Counsel

Shawn is a business litigator with significant experience in class action, mass tort, product liability, and complex commercial litigation. He has unique experience in false advertising and consumer protection matters involving alleged violations of the Organic Foods Production Act, the Infant Formula Act, and the Lanham Act. He is also skilled in handling e-discovery issues, and regularly advises clients about how to satisfy their preservation obligations, the current state of e-discovery technology, and how to choose a review method that best suits their needs. Shawn has handled matters at all stages of the litigation process, and has appeared on behalf of clients in state, federal, and arbitral forums around the country. He has represented clients in federal multidistrict litigation, conducted internal investigations and litigation involving both American and foreign entities, and negotiated with regulators and business competitors.

Defended an auditing firm in securities fraud class actions filed by the stockholders and bondholders of a former audit client following the disclosure of a multibillion dollar financial statement fraud orchestrated by the audit client’s senior officers. After extensive discovery and a favorable ruling at the class certification stage, the parties settled on terms favorable to the auditor.

Represented a Fortune 100 manufacturer of cable television set-top boxes in litigation against a supplier. The manufacturer alleged that the supplier’s U.S. and Italian entities committed negligence, misrepresentation, interference with contractual relations, and conspiracy in the course of supplying defective electronic components to the manufacturer for inclusion in set-top boxes sold in India. After Shawn briefed, argued, and won a motion to compel production and demonstrated the strength of the manufacturer’s case, the parties settled on terms favorable to the manufacturer.

Defended and obtained a favorable settlement for an auditing firm in state court litigation against the firm’s former audit client, in which it was alleged that the auditing firm’s accounting advice and audit work were inconsistent with GAAP, GAAS, and the Sarbanes-Oxley Act.

Defended an auditing firm in an AAA arbitration proceeding against a former audit client, a Fortune 500 health care company. Following the disclosure of a multibillion-dollar, financial statement fraud at the company orchestrated by its own senior officers, the company alleged that the auditor failed to conduct several audits in accordance with professional standards. After 103 days of arbitration trial proceedings over the course of two years, the panel of three arbitrators unanimously granted judgment in favor of the auditing firm.

Represented a private golf club in litigation seeking damages for destruction of property and trespass. In the litigation, Shawn second-chaired a mandatory, nonbinding arbitration proceeding and successfully obtained an award from the panel in favor of the client. When the opposing party rejected the award and opted to go to trial, Shawn second-chaired the bench trial and successfully obtained a significant judgment from the judge.

Represented a real estate investment manager in a breach of contract dispute with a business partner following that partner’s failure to separate pursuant to the terms of a buy/sell agreement between the parties.